The Wye River Memorandum
Washington, DC -- October 23, 1998
The following are steps to facilitate implementation of the Interim Agreement
on the West Bank and Gaza Strip of September 28, 1995 and other related
agreements including the Note for the Record of January 17, 1997 (hereinafter
referred to as "the prior agreements") so that the Israeli and Palestinian sides
can more effectively carry out their reciprocal responsibilities, including those
relating to further redeployments and security, respectively. These steps are to
be carried out in a parallel phased approach in accordance with the
Memorandum and the attached time line. They are subject to the relevant
terms and conditions of the prior agreements and do not supersede their other
requirements.
I. FURTHER REDEPLOYMENTS
A. Phase One and Two Further Redeployments
The Israeli side will retain in these Green Areas/Nature Reserves the
overriding security responsibility for the purpose of protecting Israelis and
confronting the threat of terrorism. Activities and movements of the
Palestinian Police forces may be carried out after coordination and
confirmation; the Israeli side will respond to such requests expeditiously.
2. As part of the foregoing implementation of the first and second F.R.D., 14.2
percent from Area (B) will become Area (A).
B. Third Phase of Further Redeployments.
With regard to the terms of the Interim Agreement and of Secretary
Christopher's letters to the two sides of January 17, 1997, relating to the
further redeployment process, there will be a committee to address this
question. The United States will be briefed regularly.
II. SECURITY
In the provisions on security arrangements of the Interim Agreement, the
Palestinian side agreed to take all measures necessary in order to prevent acts
of terrorism, crime and hostilities directed against the Israeli side, against
individuals falling under the Israeli side's authority and against their property,
just as the Israeli side agreed to take all measures necessary in order to
prevent acts of terrorism, crime and hostilities and against their property. The
two sides also agreed to take legal measures against within their jurisdiction
and to prevent incitement against each other by any organizations, groups or
individuals within their jurisdiction.
Both sides recognize that it is in their vital interests to combat terrorism and
fight violence in accord with Annex I of the Interim Agreement and the Note
for the Record. They also recognize that the struggle against terror and
violence must be comprehensive in that it deals with terrorists, the terror
support structure and the environment conducive to the support of terror. It
must be continuous and constant over a long-term, in that there can be no
pauses in the work against terrorists and their structure. It must be
cooperative in that no effort can be fully effective without Israeli-Palestinian
cooperation and the continuous exchange of information, concepts and actions.
Pursuant to the prior agreements, the Palestinian side's implementation of its
responsibilities for security, security cooperation, and other issues will be as
detailed below during the time periods specified in the attached time line.
A. Security Actions
1. Outlawing and Combatting Terrorist Organizations
a. The Palestinian side will make known its policy for zero
tolerance for terror and violence against both sides.
b. A work plan developed by the Palestinian side will be shared
with the U.S. and hereafter implementation will begin
immediately to ensure the systematic and effective combat of
terrorist organizations and their infrastructure.
c. In addition to the bilateral Israeli-Palestinian security
cooperation, a U.S.-Palestinian committee will meet biweekly to
review the steps being taken to eliminate terrorist cells and the
support structure that plans, finances, supplies and abets terror.
In these meetings, the Palestinian side will inform the U.S. fully
of the actions it has taken to outlaw all organizations (or wings of
organizations, as appropriate) of a military, terrorist or violent
character and their support structure and to prevent them from
operating in areas under its jurisdiction.
d. The Palestinian side will apprehend the specific individuals
suspected of perpetrating acts of violence and terror for the
purpose of further investigation, and prosecution and punishment
of all persons involved in acts of violence and terror.
e. A U.S.-Palestinian committee will meet to review and
evaluate information pertinent to the decisions on prosecution,
punishment or other legal measures which affect the status of
individuals suspected of abetting or perpetrating acts of violence
or terror.
2. Prohibiting Illegal Weapons
a. The Palestinian side will ensure an effective legal framework
is in place to criminalize, in conformity with the prior agreements,
any importation, manufacturing or unlicensed sale, acquisition or
possession of firearms, ammunition or weapons in areas under
Palestinian jurisdiction.
b. In addition, the Palestinian side will establish and vigorously
and continuously implement a systematic program for the
collection and appropriate handling of all such illegal items in
accordance with the prior agreements. The U.S. has agreed to
assist in carrying out this program.
c. A U.S.-Palestinian-Israeli committee will be established to
assist and enhance cooperation in preventing the smuggling or
other unauthorized introduction of weapons or explosive
materials into areas under Palestinian jurisdiction.
3. Preventing Incitement
a. Drawing on relevant international practice and pursuant to
Article XXII (1) of the Interim Agreement and Note for the
Record, the Palestinian side will issue a decree prohibiting all
forms of incitement to violence or terror. This decree will be
comparable to the existing Israeli legislation which deals with the
same subject.
b. A U.S.-Palestinian-Israeli committee will meet on a regular
basis to monitor cases of possible incitement to violence or
terror, and to make recommendations and reports on how to
prevent such incitement. The Israeli-Palestinian and U.S. sides
will each appoint a media specialist, a law enforcement
representative, an educational specialist and a current or former
elected official to the committee.
B. Security Cooperation
The two sides agree that their security cooperation will be based on a spirit of
partnership and will include, among other things, the following steps:
1. Bilateral Cooperation
There will be full bilateral cooperation between the two sides
which will be continuous, intensive and comprehensive.
2. Forensic Cooperation
There will be an exchange of forensic expertise, training and
other assistance.
3. Trilateral Committee
In addition to the bilateral Israeli-Palestinian security
cooperation, a high-ranking U.S.-Palestinian-Israeli committee
will meet as required and not less than biweekly to assess
current threats, deal with any impediments to effective security
cooperation and coordination and address the steps being taken
to combat terror and terrorist organizations. The committee will
also serve as a forum to address the issue of external support for
terror. In these meetings, the Palestinian side will fully inform the
members of the committee of the results of its investigations
concerning terrorist suspects already in custody and the
participants will exchange addition relevant information. The
committee will report regularly to the leaders of the two sides on
the status of cooperation, the results of the meetings and its
recommendations.
C. Other Issues
1. Palestinian Police Force
a. The Palestinian side will provide a list of its policemen to the
Israeli side in conformity with the prior agreements.
b. Should the Palestinian side request technical assistance, the
U.S. has indicated its willingness to help meet these needs in
cooperation with other donors.
c. The Monitoring and Steering Committee will, as part of its
functions, monitor the implementation of this provision and brief
the U.S.
2. PLO Charter
The Executive Committee of the Palestine Liberation
Organization and the Palestinian Central Council will reaffirm
the letter of 22 January 1998 from PLO Chairman Yasser
Arafat to President Clinton concerning the nullification of the
Palestinian National Charter provisions that are inconsistent with
the letters exchanged between the PLO and the Government of
Israel on 9/10 September 1993. PLO Chairman Arafat, the
Speaker of the Palestine National Council, and the Speaker of
the Palestinian Council will invite the members of the PNC, as
well as the members of the Central Council, the Council, and the
Palestinian Heads of Ministries to a meeting to be addressed by
President Clinton to reaffirm their support for the peace process
and the aforementioned decisions of the Executive Committee
and the Central Council.
3. Legal Assistance in Criminal Matters
Among other forms of legal assistance in criminal matters, the
requests for arrest and transfer of suspects and defendants
pursuant to Article II (7) of Annex IV of the Interim Agreement
will be submitted (or resubmitted) through the mechanism of the
Joint Israeli-Palestinian Legal Committee and will be responded
to in conformity with Article II (7) (f) of Annex IV of the
Interim Agreement within the twelve week period. Requests
submitted after the eighth week will be responded to in
conformity with Article II (7) (f) within four weeks of their
submission. The U.S. has been requested by the sides to report
on a regular basis on the steps being taken to respond to the
above requests.
4. Human Rights and the Rule of Law
Pursuant of Article XI (1) of Annex I of the Interim Agreement,
and without derogating from the above, the Palestinian Police
will exercise powers and responsibilities to implement this
Memorandum with due regard to internationally accepted norms
of human rights and the rule of law, and will be guided by the
need to protect the public, respect human dignity, and avoid
harassment.
III. INTERIM COMMITTEES AND ECONOMIC ISSUES
1. The Israeli and Palestinian sides reaffirm their commitment to enhancing
their relationship and agree on the need actively to promote economic
development in the West Bank and Gaza. In this regard, the parties agree to
continue or to reactivate all standing committees established by the Interim
Agreement, including the Monitoring and Steering Committee, the Joint
Economic Committee (JEC), the Civil Affairs Committee (CAC), the Legal
Committee and the Standing Cooperation Committee.
2. The Israeli and Palestinian sides have agreed on arrangements which will
permit the timely opening of the Gaza Industrial Estate. They also have
concluded a "Protocol Regarding the Establishment and Operation of the
International Airport in the Gaza Strip During the Interim Period."
3. Both sides will renew negotiations on the Safe Passage immediately. As
regards the southern route, the sides will make best efforts to conclude the
agreement within a week of the entry into force of this Memorandum.
Operation of the southern route will start as soon as possible thereafter. As
regards the northern route, negotiations will continue with the goal of reaching
agreement as soon as possible. Implementation will take place expeditiously
thereafter.
4. The Israeli and Palestinian sides acknowledge the great importance of the
Port of Gaza for the development of the Palestinian economy, and the
expansion of Palestinian trade. They commit themselves to proceeding without
delay to conclude an agreement to allow the construction and operation of the
port in accordance with the prior agreements. The Israeli-Palestinian
Committee will reactivate its work immediately with a goal of concluding the
protocol within sixty days, which will allow commencement of the construction
of the port.
5. The two sides recognize that unresolved legal issues adversely affect the
relationship between the two peoples. They therefore will accelerate efforts
through the Legal Committee to address outstanding legal issues and to
implement solutions to these issues in the shortest possible period. The
Palestinian side will provide to the Israeli side copies of all of its laws in effect.
6. The Israeli and Palestinian sides also will launch a strategic economic
dialogue to enhance their economic relationship. They will establish within the
framework of the JEC an Ad Hoc Committee for this purpose. The committee
will review the following four issues: (1) Israeli purchase taxes; (2)
cooperation in combating vehicle theft; (3) dealing with unpaid Palestinian
debts; and (4) the impact of Israeli standards as barriers to trade and the
expansion of A1 and A2 lists. The committee will submit an interim report
within three weeks of entry into force of this Memorandum, and within six
weeks will submit its conclusions and recommendations to be implemented.
7. The two sides agree on the importance of continued international donor
assistance to facilitate implementation by both sides of agreements reached.
They also recognize the need for enhanced donor support for economic
development in the West Bank and Gaza. They agree to jointly approach the
donor community to organize a Ministerial Conference before the end of 1998
to seek pledges of enhanced levels of assistance.
IV. PERMANENT STATUS NEGOTIATIONS
The two sides will immediately resume permanent status negotiations on an
accelerated basis and will make a determined effort to achieve the mutual goal
of reaching an agreement by May 4, 1999. The negotiations will be continuous
and without interruption. The U.S. has expressed its willingness to facilitate
these negotiations.
V. UNILATERAL ACTIONS
Recognizing the necessity to create a positive environment for the
negotiations, neither side shall initiate or take any step that will change the
status of the West Bank and the Gaza Strip in accordance with the interim
Agreement.
This Memorandum will enter into force ten days from the date of signature.
Done at Washington D.C. this 23rd day of October 1998.
[End Memorandum]
ATTACHMENT: TIME LINE
Note: Parenthetical references below are to paragraphs in "The Wye River
Memorandum" to which this time line is an integral attachment. Topics not
included in the time line follow the schedule provided for in the text of the
Memorandum.
1. Upon Entry into Force of the Memorandum:
- Third further redeployment committee starts (I(B))
- Palestinian security work plan shared with the U.S.
(II)(A)(1)(b)
- Full bilateral security cooperation (II(B)(1))
- Interim committees resume and continue; Ad hoc Economic
Committee starts (III)
- Accelerated permanent status negotiations start (IV)
2. Entry into Force - Week 2:
- Security work plan implementation begins (II(A)(1)(b));
(II(A)(1)(c)) committee starts
- Illegal weapons framework in place (II(A)(2)(a)); Palestinian
implementation report (II(A)(2))(b))
- Anti-incitement committee starts (II(A)(3)(b)); decree issued
(II(A)(3)(a))
- PLO executive committee reaffirms Charter letter (II(C)(2))
- Stage 1 of F.R.D. implementation: 2% C to B, 7.1% B to A.
Israeli officials acquaint their Palestinian counterparts as
required with areas; F.R.D. carried out; report on F.R.D.
implementation (I(A))
3. Weeks 2-6
- Palestinian Central Council reaffirms Charter letter (weeks
two to four) (II(C)(2))
- PNC and other PLO organizations reaffirm Charter letter
(weeks four to six) (II(C)(2))
- Establishment of weapons collection program (II(A)(2)(b)) and
collection stage (II(A)(2)(c)); committee starts and reports on
activities
- Anti-incitement committee report (II(A)(3)(b))
- Ad Hoc Economic Committee: interim report at week three;
final report at week six (III)
- Policemen list (II(C)(1)(a)); Monitoring and Steering
Committee review starts (II(C)(1)(c))
- Stage 2 of F.R.D. implementation: 5% C to B. Israeli officials
acquaint their Palestinian counterparts as required with areas;
F.R.D. carried out; report on F.R.D. implementation (I(A))
4. Weeks 6-12:
- Weapons collection stage (II(A)(2)(b)); (II(A)(2)(C))
committee report on its activities.
- Anti-incitement committee report (II(A)(3)(b))
- Monitoring and Steering Committee briefs U.S. on policeman
list (II(C)(1)(c))
- Stage 3 of F.R.D. implementation: 5% C to B, 1% C to A,
7.1% B to A - Israeli officials acquaint Palestinian counterparts
as required with areas; F.R.D. carried out; report on F.R.D.
implementation (I(A))
5. After Week 12:
Activities described in the Memorandum continue as appropriate and if necessary, including:
- Trilateral security cooperation committee (II(B)(3))
- (II(A)(1)(c)) committee
- (II(A)(1)(e)) committee
- Anti-incitement committee (II(A)(3)(b))
- Third Phase F.R.D. Committee (I(B))
- Interim Committees (III)
- Accelerated permanent status negotiations (IV)
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